Section 114 of the CGST Act, 2017

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GST›CGST Act, 2017›Chapter XVIII, Appeals and Revision

At a glance

Procedure, powers and definitions

  • 114The President exercises prescribed financial and administrative powers over the Tribunal under the wording substituted from 1 August 2023.
  • 114The law does not settle whether the President has power over a matter on which the prescribed rules are silent.

The President exercises financial and administrative powers over the Tribunal to the extent prescribed. The present wording was substituted from 1 August 2023; the section originally commenced on 1 July 2017. The section itself does not list those powers or explain whether the President can act on a matter for which no power has been prescribed.[1]

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 114, verbatim (show)

Section 114

* Section 114. Financial and administrative powers of President.-

1[The President shall exercise such financial and administrative powers over the Appellate Tribunal as may be prescribed.]

*Enforced w.e.f . 1st July, 2017.

1. Substituted (w.e.f. 1st August, 2023 vide Notification No. 28/2023 - CT dated 31st July, 2023.) by s. 151 of The Finance Act 2023 (No. 8 of 2023).

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Scope and the wording in force the section as a whole

Questions to answer on the file2 questions
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The President, the power and the body it is exercised over the words "The President shall exercise such financial and administrative powers over the Appellate Tribunal"

Questions to answer on the file4 questions
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The powers as may be prescribed the words "as may be prescribed"

Questions to answer on the file3 questions
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Amendment history

The CBIC text carries 2 footnotes. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 114 as footnoted in the CBIC text
NoteChangeInstrumentEffective from
brought the section as enacted into forcenone; the source's commencement line1 July 2017
1substituted the whole body of the sectionsection 151 of The Finance Act 2023 (No. 8 of 2023)[2][3]1 August 2023, notified by Notification No. 28/2023 - CT dated 31 July 2023 — in force
Provisions connected to Section 114
ProvisionConnectionWords that tie them
Section 109this provision defined by Section 109114 "The President", the office section 109 provides for in constituting the Appellate Tribunal
Section 111Section 111 same as this provision111(1) "the Appellate Tribunal shall have power to regulate its own procedure" — procedure belongs to the Tribunal, these powers to the President

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this section, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Notifications (1)

NumberDateSubject
Notification No. 17/2024-Central Tax27 September 2024Seeks to notify the provisions of Finance (No. 2) Act, 2024

Unsettled questions

The words of section 114 do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. Whether the President has financial and administrative powers over the Appellate Tribunal at all where nothing has been prescribed for the purpose in question. The section confers the powers only in the measure the rules prescribe, and says nothing about a power the rules are silent on.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 114. Financial and administrative powers of President". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 2. Retrieved 17 September 2026.
  2. The Finance Act, 2023. Cited in CBIC footnote 1.
  3. Notification No. 28/2023-Central Tax, dated 31 July 2023: Seeks to notify the provisions of sections 137 to 162 of the Finance Act, 2023 (8 of 2023). Cited in CBIC footnote 1.

External links